As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 494

Representatives Stebelton, Maag 

Cosponsors: Representatives Huffman, Lehner, Gardner 

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A BILL

To amend sections 3301.079, 3301.0712, and 3313.603

1

of the Revised Code to allow more time for the

2

adoption of standards and model curricula for

3

science, social studies, and financial literacy

4

and entrepreneurship.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3301.079, 3301.0712, and 3313.603 of	6
the Revised Code be amended to read as follows:	7

Sec. 3301.079.  (A)(1) Not later than June 30, 2010, and at	8
least once every five years thereafter, theThe state board of	9
education shall adopt statewide academic standards with emphasis	10
on coherence, focus, and rigor for each of grades kindergarten	11
through twelve in English language arts, mathematics, science, and	12
social studies. The state board shall adopt the standards in	13
English language arts and mathematics not later than June 30,	14
2010, and at least once every five years thereafter. The state	15
board shall adopt the standards in social studies and science not	16
later than June 30, 2011, and at least once every five years	17
thereafter.	18

(2) The standards adopted under division (A)(1) of this	19
section shall specify the following:	20

(a) The core academic content and skills that students are	21
expected to know and be able to do at each grade level that will	22
allow each student to be prepared for postsecondary instruction	23
and the workplace for success in the twenty-first century;	24

(b) The development of skill sets as they relate to	25
creativity and innovation, critical thinking and problem solving,	26
and communication and collaboration;	27

(c) The development of skill sets that promote information,	28
media, and technological literacy;	29

(d) The development of skill sets that promote personal	30
management, productivity and accountability, and leadership and	31
responsibility;	32

(e) Interdisciplinary, project-based, real-world learning	33
opportunities.	34

(2)(3) After completing the standards required by division	35
(A)(1) of this section for English language arts and mathematics,	36
the state board shall adopt standards and model curricula for	37
instruction in computer literacy, financial literacy and	38
entrepreneurship, fine arts, and foreign language for grades	39
kindergarten through twelve. After completing the standards	40
required by division (A)(1) of this section for social studies,	41
the state board shall adopt standards and model curricula for	42
instruction in financial literacy and entrepreneurship for grades	43
kindergarten through twelve. The standards adopted under division	44
(A)(3) of this section shall meet the same requirements prescribed	45
in divisions (A)(1)(2)(a) to (e) of this section.	46

(3)(4) The state board shall adopt the most recent standards	47
developed by the national association for sport and physical	48
education for physical education in grades kindergarten through	49
twelve or shall adopt its own standards for physical education in	50
those grades and revise and update them periodically.	51

The department of education shall employ a full-time physical	52
education coordinator to provide guidance and technical assistance	53
to districts, community schools, and STEM schools in implementing	54
the physical education standards adopted under this division. The	55
superintendent of public instruction shall determine that the	56
person employed as coordinator is qualified for the position, as	57
demonstrated by possessing an adequate combination of education,	58
license, and experience.	59

(4)(5) When academic standards have been completed for any	60
subject area required by this section, the state board shall	61
inform all school districts, all community schools established	62
under Chapter 3314. of the Revised Code, all STEM schools	63
established under Chapter 3326. of the Revised Code, and all	64
nonpublic schools required to administer the assessments	65
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	66
of the content of those standards.	67

(B) Not later than March 31, 2011, the state board shall	68
adopt a model curriculum for instruction in each subject area for	69
which updated academic standards are required by division (A)(1)	70
of this section andEnglish language arts and mathematics for each	71
of grades kindergarten through twelve that is sufficient to meet	72
the needs of students in every community. TheNot later than	73
March 31, 2012, the state board shall adopt a model curriculum for	74
instruction in social studies and science for each of grades	75
kindergarten through twelve that is sufficient to meet the needs	76
of students in every community. Each model curriculum shall be	77
aligned with the standards adopted under division (A)(1) of this	78
section, to ensure that the academic content and skills specified	79
for each grade level are taught to students, and shall demonstrate	80
vertical articulation and emphasize coherence, focus, and rigor.	81
When any model curriculum has been completed, the state board	82
shall inform all school districts, community schools, and STEM	83
schools of the content of that model curriculum.	84

All school districts, community schools, and STEM schools may	85
utilize the state standards and the model curriculum established	86
by the state board, together with other relevant resources,	87
examples, or models to ensure that students have the opportunity	88
to attain the academic standards. Upon request, the department of	89
education shall provide technical assistance to any district,	90
community school, or STEM school in implementing the model	91
curriculum.	92

Nothing in this section requires any school district to	93
utilize all or any part of a model curriculum developed under this	94
division.	95

(C) The state board shall develop achievement assessments	96
aligned with the academic standards and model curriculum for each	97
of the subject areas and grade levels required by divisions (A)(1)	98
and (B)(1) of section 3301.0710 of the Revised Code.	99

When any achievement assessment has been completed, the state	100
board shall inform all school districts, community schools, STEM	101
schools, and nonpublic schools required to administer the	102
assessment of its completion, and the department of education	103
shall make the achievement assessment available to the districts	104
and schools.	105

(D)(1) The state board shall adopt a diagnostic assessment	106
aligned with the academic standards and model curriculum for each	107
of grades kindergarten through two in English language arts and	108
mathematics and for grade three in English language arts. The	109
diagnostic assessment shall be designed to measure student	110
comprehension of academic content and mastery of related skills	111
for the relevant subject area and grade level. Any diagnostic	112
assessment shall not include components to identify gifted	113
students. Blank copies of diagnostic assessments shall be public	114
records.	115

(2) When each diagnostic assessment has been completed, the	116
state board shall inform all school districts of its completion	117
and the department of education shall make the diagnostic	118
assessment available to the districts at no cost to the district.	119
School districts shall administer the diagnostic assessment	120
pursuant to section 3301.0715 of the Revised Code beginning the	121
first school year following the development of the assessment.	122

(E) The state board shall not adopt a diagnostic or	123
achievement assessment for any grade level or subject area other	124
than those specified in this section.	125

(F) Whenever the state board or the department of education	126
consults with persons for the purpose of drafting or reviewing any	127
standards, diagnostic assessments, achievement assessments, or	128
model curriculum required under this section, the state board or	129
the department shall first consult with parents of students in	130
kindergarten through twelfth grade and with active Ohio classroom	131
teachers, other school personnel, and administrators with	132
expertise in the appropriate subject area. Whenever practicable,	133
the state board and department shall consult with teachers	134
recognized as outstanding in their fields.	135

If the department contracts with more than one outside entity	136
for the development of the achievement assessments required by	137
this section, the department shall ensure the interchangeability	138
of those assessments.	139

(G) The fairness sensitivity review committee, established by	140
rule of the state board of education, shall not allow any question	141
on any achievement or diagnostic assessment developed under this	142
section or any proficiency test prescribed by former section	143
3301.0710 of the Revised Code, as it existed prior to September	144
11, 2001, to include, be written to promote, or inquire as to	145
individual moral or social values or beliefs. The decision of the	146
committee shall be final. This section does not create a private	147
cause of action.	148

(H) Not later than forty-five days prior to the initial	149
deadlinedeadlines established under division (A)(1) of this	150
section and the deadlinedeadlines established under division (B)	151
of this section, the superintendent of public instruction shall	152
present the academic standards or model curricula, as applicable,	153
to the respective committees of the house of representatives and	154
senate that consider education legislation.	155

(I) As used in this section:

156

(1) "Coherence" means a reflection of the structure of the	157
discipline being taught.	158

(2) "Focus" means limiting the number of items included in a	159
curriculum to allow for deeper exploration of the subject matter.	160

(3) "Rigor" means more challenging and demanding when	161
compared to international standards.	162

(4) "Vertical articulation" means key academic concepts and	163
skills associated with mastery in particular content areas should	164
be articulated and reinforced in a developmentally appropriate	165
manner at each grade level so that over time students acquire a	166
depth of knowledge and understanding in the core academic	167
disciplines.	168

Sec. 3301.0712.  (A) The state board of education, the	169
superintendent of public instruction, and the chancellor of the	170
Ohio board of regents shall develop a system of college and work	171
ready assessments as described in divisions (B)(1) to (3) of this	172
section to assess whether each student upon graduating from high	173
school is ready to enter college or the workforce. The system	174
shall replace the Ohio graduation tests prescribed in division	175
(B)(1) of section 3301.0710 of the Revised Code as a measure of	176
student academic performance and a prerequisite for eligibility	177
for a high school diploma in the manner prescribed by rule of the	178
state board adopted under division (E) of this section.	179

(B) The college and work ready assessment system shall	180
consist of the following:	181

(1) A nationally standardized assessment that measures	182
competencies in science, mathematics, and English language arts	183
selected jointly by the state superintendent and the chancellor.	184

(2) A series of end-of-course examinations in the areas of	185
science, mathematics, English language arts, and social studies	186
selected jointly by the state superintendent and the chancellor in	187
consultation with faculty in the appropriate subject areas at	188
institutions of higher education of the university system of Ohio.	189

(3) A senior project completed by a student or a group of	190
students. The purpose of the senior project is to assess the	191
student's:	192

(a) Mastery of core knowledge in a subject area chosen by the	193
student;	194

(b) Written and verbal communication skills;

195

(c) Critical thinking and problem-solving skills;

196

(d) Real-world and interdisciplinary learning;

197

(e) Creative and innovative thinking;

198

(f) Acquired technology, information, and media skills;

199

(g) Personal management skills such as self-direction, time	200
management, work ethic, enthusiasm, and the desire to produce a	201
high quality product.	202

The state superintendent and the chancellor jointly shall	203
develop standards for the senior project for students	204
participating in dual enrollment programs.	205

(C)(1) The state superintendent and the chancellor jointly	206
shall designate the scoring rubrics and the required overall	207
composite score for the assessment system to assess whether each	208
student is college or work ready.	209

(2) Each senior project shall be judged by the student's high	210
school in accordance with rubrics designated by the state	211
superintendent and the chancellor.	212

(D) Not later than thirty days after the state board adopts	213
the model curricula for social studies and science required by	214
division (B) of section 3301.079 of the Revised Code, the state	215
board shall convene a group of national experts, state experts,	216
and local practitioners to provide advice, guidance, and	217
recommendations for the alignment of standards and model curricula	218
to the assessments and in the design of the end-of-course	219
examinations and scoring rubrics prescribed by this section.	220

(E) Upon completion of the development of the assessment	221
system, the state board shall adopt rules prescribing all of the	222
following:	223

(1) A timeline and plan for implementation of the assessment	224
system, including a phased implementation if the state board	225
determines such a phase-in is warranted;	226

(2) The date after which a person entering ninth grade shall	227
attain at least the composite score for the entire assessment	228
system as a prerequisite for a high school diploma under sections	229
section 3313.61, 3313.612, or 3325.08 of the Revised Code;	230

(3) The date after which a person shall attain at least the	231
composite score for the entire assessment system as a prerequisite	232
for a diploma of adult education under section 3313.611 of the	233
Revised Code;	234

(4) Whether and the extent to which a person may be excused	235
from a social studies end-of-course examination under division (H)	236
of section 3313.61 and division (B)(2) of section 3313.612 of the	237
Revised Code;	238

(5) The date after which a person who has fulfilled the	239
curriculum requirement for a diploma but has not passed one or	240
more of the required assessments at the time the person fulfilled	241
the curriculum requirement shall attain at least the composite	242
score for the entire assessment system as a prerequisite for a	243
high school diploma under division (B) of section 3313.614 of the	244
Revised Code;	245

(6) The extent to which the assessment system applies to	246
students enrolled in a dropout recovery and prevention program for	247
purposes of division (F) of section 3313.603 and section 3314.36	248
of the Revised Code.	249

No rule adopted under this division shall be effective	250
earlier than one year after the date the rule is filed in final	251
form pursuant to Chapter 119. of the Revised Code.	252

(F) Not later than forty-five days prior to the state board's	253
adoption of a resolution directing the department of education to	254
file the rules prescribed by division (E) of this section in final	255
form under section 119.04 of the Revised Code, the superintendent	256
of public instruction shall present the assessment system	257
developed under this section to the respective committees of the	258
house of representatives and senate that consider education	259
legislation.	260

Sec. 3313.603.  (A) As used in this section:

261

(1) "One unit" means a minimum of one hundred twenty hours of	262
course instruction, except that for a laboratory course, "one	263
unit" means a minimum of one hundred fifty hours of course	264
instruction.	265

(2) "One-half unit" means a minimum of sixty hours of course	266
instruction, except that for physical education courses, "one-half	267
unit" means a minimum of one hundred twenty hours of course	268
instruction.	269

(B) Beginning September 15, 2001, except as required in	270
division (C) of this section and division (C) of section 3313.614	271
of the Revised Code, the requirements for graduation from every	272
high school shall include twenty units earned in grades nine	273
through twelve and shall be distributed as follows:	274

(1) English language arts, four units;

275

(2) Health, one-half unit;

276

(3) Mathematics, three units;

277

(4) Physical education, one-half unit;

278

(5) Science, two units until September 15, 2003, and three	279
units thereafter, which at all times shall include both of the	280
following:	281

(a) Biological sciences, one unit;

282

(b) Physical sciences, one unit.

283

(6) Social studies, three units, which shall include both of	284
the following:	285

(a) American history, one-half unit;

286

(b) American government, one-half unit.

287

(7) Elective units, seven units until September 15, 2003, and	288
six units thereafter.	289

Each student's electives shall include at least one unit, or	290
two half units, chosen from among the areas of	291
business/technology, fine arts, and/or foreign language.	292

(C) Beginning with students who enter ninth grade for the	293
first time on or after July 1, 2010, except as provided in	294
divisions (D) to (F) of this section, the requirements for	295
graduation from every public and chartered nonpublic high school	296
shall include twenty units that are designed to prepare students	297
for the workforce and college. The units shall be distributed as	298
follows:	299

(1) English language arts, four units;

300

(2) Health, one-half unit;

301

(3) Mathematics, four units, which shall include one unit of	302
algebra II or the equivalent of algebra II;	303

(4) Physical education, one-half unit;

304

(5) Science, three units with inquiry-based laboratory	305
experience that engages students in asking valid scientific	306
questions and gathering and analyzing information, which shall	307
include the following, or their equivalent:	308

(a) Physical sciences, one unit;

309

(b) Life sciences, one unit;

310

(c) Advanced study in one or more of the following sciences,	311
one unit:	312

(i) Chemistry, physics, or other physical science;

313

(ii) Advanced biology or other life science;

314

(iii) Astronomy, physical geology, or other earth or space	315
science.	316

(6) Social studies, three units, which shall include both of	317
the following:	318

(a) American history, one-half unit;

319

(b) American government, one-half unit.

320

Each school shall integrate the study of economics and	321
financial literacy, as expressed in the social studies academic	322
content standards adopted by the state board of education under	323
division (A)(1) of section 3301.079 of the Revised Code and the	324
academic content standards for financial literacy and	325
entrepreneurship adopted under division (A)(2)(3) of that section,	326
into one or more existing social studies credits required under	327
division (C)(6) of this section, or into the content of another	328
class, so that every high school student receives instruction in	329
those concepts. In developing the curriculum required by this	330
paragraph, schools shall use available public-private partnerships	331
and resources and materials that exist in business, industry, and	332
through the centers for economics education at institutions of	333
higher education in the state.	334

(7) Five units consisting of one or any combination of	335
foreign language, fine arts, business, career-technical education,	336
family and consumer sciences, technology, agricultural education,	337
a junior reserve officer training corps (JROTC) program approved	338
by the congress of the United States under title 10 of the United	339
States Code, or English language arts, mathematics, science, or	340
social studies courses not otherwise required under division (C)	341
of this section.	342

Ohioans must be prepared to apply increased knowledge and	343
skills in the workplace and to adapt their knowledge and skills	344
quickly to meet the rapidly changing conditions of the	345
twenty-first century. National studies indicate that all high	346
school graduates need the same academic foundation, regardless of	347
the opportunities they pursue after graduation. The goal of Ohio's	348
system of elementary and secondary education is to prepare all	349
students for and seamlessly connect all students to success in	350
life beyond high school graduation, regardless of whether the next	351
step is entering the workforce, beginning an apprenticeship,	352
engaging in post-secondary training, serving in the military, or	353
pursuing a college degree.	354

The Ohio core curriculum is the standard expectation for all	355
students entering ninth grade for the first time at a public or	356
chartered nonpublic high school on or after July 1, 2010. A	357
student may satisfy this expectation through a variety of methods,	358
including, but not limited to, integrated, applied,	359
career-technical, and traditional coursework.	360

Whereas teacher quality is essential for student success in	361
completing the Ohio core curriculum, the general assembly shall	362
appropriate funds for strategic initiatives designed to strengthen	363
schools' capacities to hire and retain highly qualified teachers	364
in the subject areas required by the curriculum. Such initiatives	365
are expected to require an investment of $120,000,000 over five	366
years.	367

Stronger coordination between high schools and institutions	368
of higher education is necessary to prepare students for more	369
challenging academic endeavors and to lessen the need for academic	370
remediation in college, thereby reducing the costs of higher	371
education for Ohio's students, families, and the state. The state	372
board of education and the chancellor of the Ohio board of regents	373
shall develop policies to ensure that only in rare instances will	374
students who complete the Ohio core curriculum require academic	375
remediation after high school.	376

School districts, community schools, and chartered nonpublic	377
schools shall integrate technology into learning experiences	378
whenever practicable across the curriculum in order to maximize	379
efficiency, enhance learning, and prepare students for success in	380
the technology-driven twenty-first century. Districts and schools	381
may use distance and web-based course delivery as a method of	382
providing or augmenting all instruction required under this	383
division, including laboratory experience in science. Districts	384
and schools shall whenever practicable utilize technology access	385
and electronic learning opportunities provided by the eTech Ohio	386
commission, the Ohio learning network, education technology	387
centers, public television stations, and other public and private	388
providers.	389

(D) Except as provided in division (E) of this section, a	390
student who enters ninth grade on or after July 1, 2010, and	391
before July 1, 2014, may qualify for graduation from a public or	392
chartered nonpublic high school even though the student has not	393
completed the Ohio core curriculum prescribed in division (C) of	394
this section if all of the following conditions are satisfied:	395

(1) After the student has attended high school for two years,	396
as determined by the school, the student and the student's parent,	397
guardian, or custodian sign and file with the school a written	398
statement asserting the parent's, guardian's, or custodian's	399
consent to the student's graduating without completing the Ohio	400
core curriculum and acknowledging that one consequence of not	401
completing the Ohio core curriculum is ineligibility to enroll in	402
most state universities in Ohio without further coursework.	403

(2) The student and parent, guardian, or custodian fulfill	404
any procedural requirements the school stipulates to ensure the	405
student's and parent's, guardian's, or custodian's informed	406
consent and to facilitate orderly filing of statements under	407
division (D)(1) of this section.	408

(3) The student and the student's parent, guardian, or	409
custodian and a representative of the student's high school	410
jointly develop an individual career plan for the student that	411
specifies the student matriculating to a two-year degree program,	412
acquiring a business and industry credential, or entering an	413
apprenticeship.	414

(4) The student's high school provides counseling and support	415
for the student related to the plan developed under division	416
(D)(3) of this section during the remainder of the student's high	417
school experience.	418

(5) The student successfully completes, at a minimum, the	419
curriculum prescribed in division (B) of this section.	420

The department of education, in collaboration with the	421
chancellor of the Ohio board of regents, shall analyze student	422
performance data to determine if there are mitigating factors that	423
warrant extending the exception permitted by division (D) of this	424
section to high school classes beyond those entering ninth grade	425
before July 1, 2014. The department shall submit its findings and	426
any recommendations not later than August 1, 2014, to the speaker	427
and minority leader of the house of representatives, the president	428
and minority leader of the senate, the chairpersons and ranking	429
minority members of the standing committees of the house of	430
representatives and the senate that consider education	431
legislation, the state board of education, and the superintendent	432
of public instruction.	433

(E) Each school district and chartered nonpublic school	434
retains the authority to require an even more rigorous minimum	435
curriculum for high school graduation than specified in division	436
(B) or (C) of this section. A school district board of education,	437
through the adoption of a resolution, or the governing authority	438
of a chartered nonpublic school may stipulate any of the	439
following:	440

(1) A minimum high school curriculum that requires more than	441
twenty units of academic credit to graduate;	442

(2) An exception to the district's or school's minimum high	443
school curriculum that is comparable to the exception provided in	444
division (D) of this section but with additional requirements,	445
which may include a requirement that the student successfully	446
complete more than the minimum curriculum prescribed in division	447
(B) of this section;	448

(3) That no exception comparable to that provided in division	449
(D) of this section is available.	450

(F) A student enrolled in a dropout prevention and recovery	451
program, which program has received a waiver from the department	452
of education, may qualify for graduation from high school by	453
successfully completing a competency-based instructional program	454
administered by the dropout prevention and recovery program in	455
lieu of completing the Ohio core curriculum prescribed in division	456
(C) of this section. The department shall grant a waiver to a	457
dropout prevention and recovery program, within sixty days after	458
the program applies for the waiver, if the program meets all of	459
the following conditions:	460

(1) The program serves only students not younger than sixteen	461
years of age and not older than twenty-one years of age.	462

(2) The program enrolls students who, at the time of their	463
initial enrollment, either, or both, are at least one grade level	464
behind their cohort age groups or experience crises that	465
significantly interfere with their academic progress such that	466
they are prevented from continuing their traditional programs.	467

(3) The program requires students to attain at least the	468
applicable score designated for each of the assessments prescribed	469
under division (B)(1) of section 3301.0710 of the Revised Code or,	470
to the extent prescribed by rule of the state board of education	471
under division (E)(6) of section 3301.0712 of the Revised Code,	472
division (B)(2) of that section.	473

(4) The program develops an individual career plan for the	474
student that specifies the student's matriculating to a two-year	475
degree program, acquiring a business and industry credential, or	476
entering an apprenticeship.	477

(5) The program provides counseling and support for the	478
student related to the plan developed under division (F)(4) of	479
this section during the remainder of the student's high school	480
experience.	481

(6) The program requires the student and the student's	482
parent, guardian, or custodian to sign and file, in accordance	483
with procedural requirements stipulated by the program, a written	484
statement asserting the parent's, guardian's, or custodian's	485
consent to the student's graduating without completing the Ohio	486
core curriculum and acknowledging that one consequence of not	487
completing the Ohio core curriculum is ineligibility to enroll in	488
most state universities in Ohio without further coursework.	489

(7) Prior to receiving the waiver, the program has submitted	490
to the department an instructional plan that demonstrates how the	491
academic content standards adopted by the state board of education	492
under section 3301.079 of the Revised Code will be taught and	493
assessed.	494

If the department does not act either to grant the waiver or	495
to reject the program application for the waiver within sixty days	496
as required under this section, the waiver shall be considered to	497
be granted.	498

(G) Every high school may permit students below the ninth	499
grade to take advanced work. If a high school so permits, it shall	500
award high school credit for successful completion of the advanced	501
work and shall count such advanced work toward the graduation	502
requirements of division (B) or (C) of this section if the	503
advanced work was both:	504

(1) Taught by a person who possesses a license or certificate	505
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	506
Code that is valid for teaching high school;	507

(2) Designated by the board of education of the city, local,	508
or exempted village school district, the board of the cooperative	509
education school district, or the governing authority of the	510
chartered nonpublic school as meeting the high school curriculum	511
requirements.	512

Each high school shall record on the student's high school	513
transcript all high school credit awarded under division (G) of	514
this section. In addition, if the student completed a seventh- or	515
eighth-grade fine arts course described in division (K) of this	516
section and the course qualified for high school credit under that	517
division, the high school shall record that course on the	518
student's high school transcript.	519

(H) The department shall make its individual academic career	520
plan available through its Ohio career information system web site	521
for districts and schools to use as a tool for communicating with	522
and providing guidance to students and families in selecting high	523
school courses.	524

(I) Units earned in English language arts, mathematics,	525
science, and social studies that are delivered through integrated	526
academic and career-technical instruction are eligible to meet the	527
graduation requirements of division (B) or (C) of this section.	528

(J) The state board of education, in consultation with the	529
chancellor of the Ohio board of regents, shall adopt a statewide	530
plan implementing methods for students to earn units of high	531
school credit based on a demonstration of subject area competency,	532
instead of or in combination with completing hours of classroom	533
instruction. The state board shall adopt the plan not later than	534
March 31, 2009, and commence phasing in the plan during the	535
2009-2010 school year. The plan shall include a standard method	536
for recording demonstrated proficiency on high school transcripts.	537
Each school district, community school, and chartered nonpublic	538
school shall comply with the state board's plan adopted under this	539
division and award units of high school credit in accordance with	540
the plan. The state board may adopt existing methods for earning	541
high school credit based on a demonstration of subject area	542
competency as necessary prior to the 2009-2010 school year.	543

(K) This division does not apply to students who qualify for	544
graduation from high school under division (D) or (F) of this	545
section, or to students pursuing a career-technical instructional	546
track as determined by the school district board of education or	547
the chartered nonpublic school's governing authority.	548
Nevertheless, the general assembly encourages such students to	549
consider enrolling in a fine arts course as an elective.	550

Beginning with students who enter ninth grade for the first	551
time on or after July 1, 2010, each student enrolled in a public	552
or chartered nonpublic high school shall complete two semesters or	553
the equivalent of fine arts to graduate from high school. The	554
coursework may be completed in any of grades seven to twelve. Each	555
student who completes a fine arts course in grade seven or eight	556
may elect to count that course toward the five units of electives	557
required for graduation under division (C)(7) of this section, if	558
the course satisfied the requirements of division (G) of this	559
section. In that case, the high school shall award the student	560
high school credit for the course and count the course toward the	561
five units required under division (C)(7) of this section. If the	562
course in grade seven or eight did not satisfy the requirements of	563
division (G) of this section, the high school shall not award the	564
student high school credit for the course but shall count the	565
course toward the two semesters or the equivalent of fine arts	566
required by this division.	567

(L) Notwithstanding anything to the contrary in this section,	568
the board of education of each school district and the governing	569
authority of each chartered nonpublic school may adopt a policy to	570
excuse from the high school physical education requirement each	571
student who, during high school, has participated in	572
interscholastic athletics, marching band, or cheerleading for at	573
least two full seasons or in the junior reserve officer training	574
corps for at least two full school years. If the board or	575
authority adopts such a policy, the board or authority shall not	576
require the student to complete any physical education course as a	577
condition to graduate. However, the student shall be required to	578
complete one-half unit, consisting of at least sixty hours of	579
instruction, in another course of study. In the case of a student	580
who has participated in the junior reserve officer training corps	581
for at least two full school years, credit received for that	582
participation may be used to satisfy the requirement to complete	583
one-half unit in another course of study.	584

Section 2. That existing sections 3301.079, 3301.0712, and	585
3313.603 of the Revised Code are hereby repealed.	586